Parents trust that daycare centers will provide a safe and nurturing environment for their children. In fact, the law requires these facilities to do so. Sadly, daycare injuries are all too common. Whether these incidents are the result of negligence or intentional abuse, an injured child and their parents have the right to demand compensation.
A Michigan daycare injuries lawyer may be able to help if your child suffered an injury while under the supervision of a daycare. Skilled premises liability attorneys from Buckfire & Buckfire, P.C. could perform an investigation into the cause of the injuries, evaluate the extent of those injuries, and make the necessary connections between the failure of the daycare center and your child’s losses.
Injuries that Result from Daycare Accidents
Most injuries that occur at childcare facilities are the result of accidents. Unfortunately, this does not lessen the seriousness of the injuries, nor does it mean that the daycare facility is not liable.
Every childcare center has a legal obligation to keep their children safe. A failure to properly maintain their property, clean any temporary hazards, or even keep proper locks on doors could all constitute negligence and make the daycare center liable for any resulting harm. A Michigan daycare injuries attorney could help parents prove that a daycare’s negligence was the cause of the harm.
Intentional Abuse from Daycare Workers
Sadly, not every daycare injury is an accident. Many facilities fail to take appropriate caution in properly screening and training their staff. It is no secret that watching children can be challenging, and incidents involving workers becoming physically abusive with children are all too common.
Of course, the perpetrators of these abuses are certainly responsible for their actions. However, the daycare itself may share liability. All daycares have a duty to properly screen their workers. If they do not take proper steps to ensure that an employee is qualified, this may constitute negligent hiring. A childcare injuries lawyer in Michigan may be able to help demonstrate that a daycare facility shares responsibility in cases of staff abuse.
Video Evidence of Worker Abuse
Babies and infants are often too young to tell their parents about daycare abuse or how an injury happened. Many times, a parent might even think their child is simply telling a story or exaggerating. However, many care centers have videos on site to monitor the workers and the children.
Our firm has won several settlements in daycare lawsuits because of these videos. Although the facility may deny abuse or negligence resulted in a child injury, the videos can prove otherwise. We will work hard to get these videos to win your child a settlement.
Helping Parents to Bring Claims on Behalf of their Children
A child has the same rights to be kept safe in the hands of caretakers as any other person. However, children cannot serve as plaintiffs in their own claims for compensation following an injury. This requirement helps protect them from unscrupulous insurance companies and simplifies cases that go to court.
Instead, the law requires the parent or guardian of an injured child to serve as the plaintiff in a personal injury claim. However, any proceeds from the claim are still the property of the child. The State’s Estates and Protected Individuals Code details the process by which a court must approve any settlement that a guardian makes on behalf of a child. Specifically, MCR §2.420 says that the Probate Court must approve any settlement that concerns the injury of a minor child. A Michigan daycare injuries attorney could help parents follow the proper procedure for handling funds obtained in a childcare liability case.
Recoverable Damages in a Childcare Injury Case
Daycare injuries to children can have long-lasting effects, both physically and emotionally. Children can receive compensation for current medical bills, future medical bills, lifetime care planning and accommodations, and counseling. In addition, settlements include payouts for pain and suffering, as well as disfiguring scars.
Children often require professional care from a psychiatrist or psychologist after such traumatic events.
A Michigan Daycare Injuries Lawyer Could Help Parents to Stand Up for the Legal Rights of their Children
Children are among the most vulnerable people in our society. It can be difficult to allow strangers to care for your kids, and a daycare injury is a serious breach of trust. When injuries occur at childcare facilities, the victim has the right to recover compensation for their injuries. A parent or guardian must initiate a claim, but any proceeds from the case are the property of the injured child.
A Michigan daycare injuries lawyer from Buckfire & Buckfire, P.C. may be able to help if your child sustained an injury while in daycare. They could investigate the cause of the injury, identify all possible defendants, and demand fair compensation for your child’s losses. Call today to schedule an appointment.
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